What is the test for a motion to suppress an order denying the motion?

MultiRegion, United States of America

The following excerpt is from U.S. v. Brewer, 947 F.2d 404 (9th Cir. 1991):

It is the law of this circuit that "when a court fails to comply with Rule 615, prejudice is presumed and reversal is required unless it is manifestly clear from the record that the error was harmless or unless the prosecution proves harmless error by a preponderance of the evidence." United States v. Ell, 718 F.2d 291, 293-94 (9th Cir.1983). Because the officers' testimony overlapped completely concerning critical testimony regarding the presence or absence of a pretextual stop, the Government has failed to rebut the presumption of prejudice that flows from a violation of Rule 615. Accordingly, we are compelled to reverse the order denying the motion to suppress.

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